Author: sam

01 Nov

Posted at 00:00h in General

Written by Bev Clark Many of us will have a flutter on the race today but for some, that bet might be the one that proves to be the final straw in their relationship. Gambling generally is a massive problem in this country and when gambling is an addiction it can have a dramatic effect on the well-being of the family unit. As experienced Adelaide family lawyers, we see the misery that is caused within a family when one of its members has a gambling addiction. The gamblers habit does not just affect them but often impoverishes their spouse and their children and in some circumstances can even have a ripple effect spanning the extended family. In the Family Court, a gambling addiction may be relevant to the parenting capacity of a party if it affects the welfare of the children. It may be relevant to the amount of child support that is paid. Gambling clearly can reflect on a parent’s behaviour and can affect a family’s household resources. More often we see it raised in matters pertaining to property settlement where the non-gambling spouse will seek to have the funds wasted over the years of the addiction added back to the pool and taken...

01 Nov

Posted at 00:00h in Commercial Law

Written by Eugene Reinboth The Australia-wide law protecting consumers from unfair terms in standard form consumer contracts came into effect on 1 July 2010. That law was extended to business to business contracts entered into or renewed on or after 12 November 2016. So, if a business prepares and offers you a contract on a ‘take it or leave it’ basis (i.e. you have little or no opportunity to negotiate the terms), it is likely to be a standard form contract. The business-to-business unfair contract terms law applies to contracts for the supply of goods, services, or the sale or grant of an interest in land, where: at least one of the parties is a small business (that employs less than 20 employees, including casual employees) and the upfront price payable2 under the contract is no more than $300 000 (or $1 million if the contract is for more than 12 months). To be unfair, a term must: cause a significant imbalance in the parties’ rights and obligations, and not be reasonably necessary to protect the legitimate interests of the party advantaged by The term, and cause detriment (e.g. financial) to a small business if it were applied or relied upon. As a business, you may be...

01 Oct

Posted at 00:00h in Family Law

Written by Bev Clark  The Relationships Register Act 2016 (SA) enables the registration of a relationship in South Australia. Registration is available from the 1st of August 2017. I have seen no media announcement in relation to this. I appreciate that on the 15th of November 2017 we will discover the outcome of the Australia wide postal vote on whether or not the majority of us agree to allow same-sex couples to be married in Australia. Even if the vote is yes there will be some couples who choose not to marry – no different to heterosexual couples who may choose not to marry. Regardless, couples are now able to register their relationship in South Australia. At the present time, some parties in de facto relationships experience difficulties in obtaining entitlements from Centrelink, or in relation to insurance or superannuation because they need to establish through evidence that they are in fact an eligible de facto couple. There are different criteria in different pieces of legislation as to what is required to establish such a relationship. This simply adds to the confusion and difficulties faced by many. In family law, there are many cases where the parties may be in dispute as to whether or not a...

01 Oct

Posted at 00:00h in Dispute Resolution, Family Law

Written by Erica Panagakos The Judges of the Federal Circuit Court of Australia recently invited lawyers practising in family law to attend a seminar. During the seminar, the Judges expressed frustration at the number of lawyers who wait until they are at Court for a hearing or conference before making a genuine attempt to resolve their clients’ disputes. I have always considered dispute resolution to be the aim of the game and I too am increasingly frustrated by lawyers who get caught up in their clients’ emotions and “pump up” a fight instead of recognising that it is in their clients’ best interest to diffuse it. The seminar caused me to reflect on my recent involvement in a matter that was listed for a conciliation conference with a Registrar of the Court. The parties had a very modest asset pool comprising a small amount of equity in the former matrimonial home, basic furniture, old cars and modest superannuation. The facts of the case are not remarkable – both parties are of similar age, earning a similar income. There were no contributions of significance by either party at the time of cohabitation or during the relationship and the parties had no children. The...

01 Oct

Posted at 00:00h in Family Law

Yesterday, 10 October, was World Mental Health Day. This story highlights the high levels of stress and angst suffered by many who find themselves caught up in a family law dispute. Sadly, our Adelaide family lawyers are not unfamiliar with dealing with parties who are suicidal. It is very common for parties embroiled in a family law dispute to suffer from depression, anxiety or other mental health issues as a result of their usually bitter battles with a former spouse. Litigation often brings out the worst in people and is very stressful, emotionally draining and usually financially crippling for all involved. At Belperio Clark, our family lawyers encourage other methods of dispute resolution such as mediation and Collaborative practice. Court is always a last resort. We recognise how damaging litigation can be and we only litigate where absolutely necessary. Collaborative methods of dispute resolution are less invasive and they enable parties to work together in finding solutions that are best for their family. Disputes are diffused rather than ramped up as is often the case once litigation begins. For more information about our family law services, contact us on 8212 1322. ...

01 Oct

Posted at 00:00h in General

Written by Bev Clark The world seems to be a very uncertain place at the moment. With the current conflict between North Korea and the Trump administration, the recent spate of terrorist attacks including Manchester and London, the current tragedy that has just unfolded in Las Vegas and the devastation of natural disasters such as the Mexico earthquake, it reminds me that although we feel incredibly safe in Adelaide and Australia generally, we are a nation of travellers and we love to explore the world we live in. The current focus of the news on these recent events has reminded me in no uncertain terms that life is fragile and that tragedy can strike at any age. Yesterday, I had coffee with a young Adelaide professional who asked to meet with me to talk about business networking opportunities. He is clearly ambitious and driven to grow his business and take up every opportunity to develop professionally and succeed in his practice. What struck me about this young professional was his sense of invincibility, not unlike most young people. In the course of our discussion, we spoke about Wills and associated documents such as Powers of Attorney and Advanced Care Directives. As is not uncommon when I...

01 Oct

Posted at 00:00h in General

Australians clearly have a strong interest in relationships judging by the current series of The Bachelorette featuring Sophie Monk smashing ratings – apparently even beating Game of Thrones. Sadly our romance with romance often doesn’t last the distance with about half of all relationships ending in divorce or separation. We understand that the end of a serious relationship is second only in trauma to the death of a child so it isn’t surprising that our divorce lawyers see the significant fallout from that emotional intensity – frequently translating into irrational and unreasonable behaviour during the breakdown and also during negotiations. This makes it far more difficult to resolve all the issues that flow from the breakdown including parenting decisions, support and property settlement. At Belperio Clark we have experienced family lawyers who are not only skilled negotiators and litigators but also mediators and Collaborative practitioners. When couples are in a highly emotional state we know that they are less likely to be able to sort out the important decisions on their own. Most don’t want to end up in Court and we can assist them to understand that the matter doesn’t have to – there are other, far less invasive or expensive dispute resolution options....

01 Sep

Posted at 00:00h in Wills & Estates

The recent death of Mr Hugh Hefner has provided worldwide publicity about prenuptial agreements and a wife apparently receiving nothing from an estate. Mr Hefner was well known for his hedonistic pursuits of pleasure and self-gratification. He was also well known for his wealth, three marriages, numerous relationships, the publishing of avant-garde magazines such as Playboy and his strong support for freedom of speech and expression. The recent publicity reports that his third wife, Ms Harris will not inherit anything, as she has been left out of his Will. According to the Daily Mail, amongst other publications, it is said that Ms Harris was not made a beneficiary of his Will. The media also reports about there being an ironclad prenuptial agreement between Ms Harris and Mr Heffner. Apparently, Ms Harris will be taken care of by undisclosed means. It is reported that his estate is to be divided among his four children, the University of Southern California and a list of charities. The issues mentioned in relation to Mr Hefner, are common in many countries including Australia – with lesser fortunes, fewer marriages and relationships. They do however point out the complexity which needs to be dealt with. We at Belperio Clark Lawyers...

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